w ICLG The International Comparative Legal Guide to: Gambling 2017 3rd Edition A practical cross-border insight into gambling law Published by Global Legal Group, with contributions from: Arthur Cox Jones Walker LLP Brandl & Talos Attorneys at law Khaitan & Co Carallian Melchers Law Firm Cuatrecasas, Gonçalves Pereira Miller Thomson LLP DLA Piper UK LLP MME Legal | Tax | Compliance Gaming Legal Group Montgomery & Associados Hassans International Law Firm Nestor Nestor Diculescu Kingston Petersen Herzog Fox & Neeman Law Office Portilla, Ruy-Díaz y Aguilar, S.C. Hinckley, Allen & Snyder LLP Rato, Ling, Lei & Cortés – Advogados Horten Law Firm Sbordoni & Partners HWL Ebsworth Lawyers Sirius Legal International Masters of Gaming Law The International Comparative Legal Guide to: Gambling 2017 Editorial Chapter: 1 Shaping the Future of Gaming Law – Michael Zatezalo & Jamie Nettleton, International Masters of Gaming Law 1 General Chapters: 2 2016: Post-Brexit Upheaval and Raising the Compliance Bar – Hilary Stewart-Jones, Contributing Editor DLA Piper UK LLP 3 Hilary Stewart-Jones, DLA Piper UK LLP 3 Update on Fantasy Sports Contests in the United States – Changes Over the Past Year and What Sales Director May be Ahead in the Future – Mark Hichar, Hinckley, Allen & Snyder LLP 6 Florjan Osmani Account Directors Oliver Smith, Rory Smith Country Question and Answer Chapters: Sales Support Manager 4 Australia HWL Ebsworth Lawyers: Anthony Seyfort 16 Paul Mochalski 5 Austria Brandl & Talos Attorneys at law: Thomas Talos & Nicholas Aquilina 21 Editor Tom McDermott 6 Belgium Sirius Legal: Bart Van den Brande 27 Senior Editor 7 Brazil Montgomery & Associados: Neil Montgomery & Helena Penteado Rachel Williams Moraes Calderano 32 Chief Operating Officer Dror Levy 8 Canada Miller Thomson LLP: Danielle Bush 36 Group Consulting Editor 9 Denmark Horten Law Firm: Nina Henningsen 43 Alan Falach 10 Dutch Caribbean Gaming Legal Group & Carallian: Bas Jongmans & Dick Barmentlo 49 Group Publisher Richard Firth 11 Germany Melchers Law Firm: Dr. Joerg Hofmann & Dr. Matthias Spitz 57 Published by Global Legal Group Ltd. 12 Gibraltar Hassans International Law Firm: Peter Montegriffo QC & Nyreen Llamas 63 59 Tanner Street London SE1 3PL, UK 13 Greater Antilles Gaming Legal Group: Bas Jongmans & Josefina Reyes Santana 70 Tel: +44 20 7367 0720 Fax: +44 20 7407 5255 14 India Khaitan & Co: Ganesh Prasad & Sharad Moudgal 83 Email: [email protected] URL: www.glgroup.co.uk 15 Ireland Arthur Cox: Rob Corbet & Chris Bollard 89 GLG Cover Design 16 Israel Herzog Fox & Neeman Law Office: Yehoshua Shohat Gurtler 95 F&F Studio Design 17 Italy Sbordoni & Partners: Stefano Sbordoni 100 GLG Cover Image Source iStockphoto 18 Macau Rato, Ling, Lei & Cortés – Advogados: Pedro Cortés & Printed by Manuel Moita Júnior 105 Ashford Colour Press Ltd December 2016 19 Malta Gaming Legal Group: Bas Jongmans & Stephen Dullaghan 110 Copyright © 2016 20 Mexico Portilla, Ruy-Díaz y Aguilar, S.C.: Carlos Fernando Portilla Robertson & Global Legal Group Ltd. Ricardo Valdivia González 118 All rights reserved No photocopying 21 Netherlands Gaming Legal Group: Bas Jongmans 123 ISBN 978-1-911367-26-0 22 Portugal Cuatrecasas, Gonçalves Pereira: Gonçalo Afonso Proença 129 ISSN 2056-4341 23 Romania Nestor Nestor Diculescu Kingston Petersen: Cosmina Simion & Strategic Partners Ana-Maria Baciu 135 24 Switzerland MME Legal | Tax | Compliance: Dr. Andreas Glarner & Dr. Luka Müller-Studer 142 25 United Kingdom DLA Piper UK LLP: Hilary Stewart-Jones 148 26 USA – Alabama Jones Walker LLP: Kirkland E. Reid 155 27 USA – Florida Jones Walker LLP: Marc W. Dunbar 160 28 USA – Louisiana Jones Walker LLP: J. Kelly Duncan 164 29 USA – Mississippi Jones Walker LLP: Thomas B. Shepherd III 168 30 USA – Texas Jones Walker LLP: Nicole Duarte 172 Further copies of this book and others in the series can be ordered from the publisher. Please call +44 20 7367 0720 Disclaimer This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations. WWW.ICLG.CO.UK Chapter 28 USA – Louisiana Jones Walker LLP J. Kelly Duncan Charitable Gaming: 1 Relevant Authorities and Legislation The Louisiana Department of Revenue, Office of Charitable Gaming, regulates the charitable gaming industry in the State. 1.1 Which entities regulate what type of gambling activity in your jurisdiction? 1.2 Specify all legislation which impacts upon any gambling activity (including skill, prize competitions Louisiana authorises the following forms of gaming activity: and draws, fantasy, egaming and social games), and Land-Based Gaming, Riverboat Gaming, Slots-at-the-Tracks specify in broad terms whether it permits or prohibits Gaming and Video Poker Gaming: those activities. The Louisiana Gaming Control Board oversees the regulation and Land-Based Gaming, Riverboat Gaming, Slots-at-the-Tracks licensure of the following gaming activities in Louisiana: Land- Gaming and Video Poker Gaming: Based Gaming; Riverboat Gaming; Slots-at-the-Tracks Gaming; and Video Poker Gaming. The Gaming Enforcement Section of The Louisiana Gaming Control Act, La. R.S. 27:1, et seq., governs the Louisiana State Police is responsible for the enforcement of the Land-Based Gaming, Riverboat Gaming, Slots-at-the-Tracks rules and regulations governing: Land-Based Gaming; Riverboat Gaming and Video Poker Gaming in the State. Gaming; Slots-at-the-Tracks Gaming; and Video Poker Gaming. Indian Gaming: The Louisiana Department of Justice Gaming Division acts as legal Indian Gaming in the State is governed by the Indian Gaming advisor and legal representative of the Louisiana Gaming Control Regulatory Act (IGRA), 25 USC 2701, et seq., and individual Board and the Louisiana State Police. compacts between the tribes and the State. Indian Gaming: Lottery: Indian Gaming is conducted pursuant to compacts between four The Louisiana Lottery Corporation Law, La. R.S. 47:9000, et seq., federally recognised tribes and the State. Pursuant to those compacts, governs the operations of the Louisiana Lottery. the Indian Gaming Unit of the Louisiana State Police certifies the suitability of gaming employees and vendors and approves games Horse Racing: and rules of play and enforces criminal statutes. The Louisiana Revised Statutes at La. R.S. 4:141, et seq. provide for Lottery: the establishment of the Louisiana State Racing Commission and the regulation of horse racing and pari-mutuel wagering in the State. Oversight of the Louisiana Lottery Corporation is exercised in varying degrees by the Governor of Louisiana, the Joint Legislative Charitable Gaming: Committee on the Budget, Senate Judiciary B Committee, the House The Charitable Raffles, Bingo and Keno Licensing Law, La. R.S. 4: Committee on Administration of Criminal Justice and the Office of 701, et seq., governs charitable gaming in the State. the Legislative Auditor, while the Lottery Corporation’s Board of “Gambling” is Prohibited: Directors and the Louisiana Department of Justice Gaming Division The Louisiana Revised Statutes at La. R.S. 14.90 et seq. make advise the Lottery Corporation on gaming matters including, without illegal essentially all gambling activities in the State of Louisiana as limitation, lottery contracts with vendors and lessors, requests for distinguished from the forms of gaming discussed above. Gambling proposals, and invoices. is the conducting, as a business, of any game whereby a person risks Horse Racing and Pari-Mutuel Wagering: the loss of a thing of value in order to realise a profit. Furthermore, The Louisiana State Racing Commission reviews, regulates, governs whether skill or chance determines the outcome of the game is and supervises all forms of horse racing and pari-mutuel wagering irrelevant. Section 14.90.3 specifically prohibits internet gaming in the State. The Louisiana Department of Justice Gaming Division and provides for up to six months’ imprisonment for the violation of represents the Louisiana Racing Commission on matters regarding this section known as the “Gambling by Computer Statute”. the regulation of the horse racing industry, pari-mutuel wagering, and off-track wagering, including the prosecution of violations of statutes, rules and regulations governing horse racing. 164 WWW.ICLG.CO.UK ICLG TO: GAMBLING 2017 © Published and reproduced with kind permission by Global Legal Group Ltd, London Jones Walker LLP USA – Louisiana 5% or more ownership, income, or profit or economic interest in a 2 Application for a Licence and Licence licensee or permittee, or who receives 5% or more revenue interest Restrictions in the form of a commission, finder’s fee, loan repayment, or any other business expense related to the gaming operation, or who has the ability or capacity to exercise significant influence (e.g. 2.1 Who can apply for a licence to supply gambling facilities? management and decision-making authority; operational control; financial relationship; receipt of gaming revenue or proceeds; Limiting the balance of the responses to Land-Based Gaming, financial indebtedness; and gaming-related associations) over a Riverboat Gaming, Slots-at-the-Tracks Gaming and Video Poker licensee